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1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH 1 GLENDA MONROE, v. Plaintiff V. JAMES MAKKER, M.D.; EAST PORTLAND SURGERY CENTER, LLC; and PROVIDENCE HEALTH SYSTEM - OREGON, an Oregon Corporation; Defendants. Case No. COMPLAINT AND DEMAND FOR JURY TRIAL Medical Negligence PRAYER: $1,00, NOT SUBJECT TO MANDATORY ARBITRATION COMES NOW plaintiff, and by way of her Complaint against defendants, hereby alleges as follows: 1. At all times material herein, defendant V. James Makker, M.D. (hereinafter defendant Makker was a physician licensed to practice medicine in the State of Oregon and practicing the medical specialty of neurologic surgery.. At all times material herein, defendant East Portland Surgery Center, LLC (hereinafter defendant Surgery Center was an Oregon corporation in the for-profit business of providing surgery services to patients of physician surgeons who were held out as apparent agents of defendant Surgery Center.. At all times material herein, defendant Providence Health System - Oregon (hereinafter defendant Providence was an Oregon corporation in the for-profit business Page 1 - COMPLAINT/DEMAND FOR JURY TRIAL MILLER & WAGNER LLP 0 N.W. Flanders Street Portland, Oregon 0-0 (0-1

2 1 of providing hospital care and services to patients in the Portland metropolitan area at hospital facilities owned and operated by defendant Providence, including Providence Portland Medical Center. Defendant Providence held out as apparent agents physician surgeons who operated on patients at defendant Providence s hospital facilities, including Providence Portland Medical Center.. At all times material herein, defendant Makker was acting as an apparent agent of defendant Surgery Center and defendant Providence and was acting within the course and scope of such agency.. Defendant Surgery Center and defendant Providence had a statutory and common law duty to the patient public to assure that surgeons operating at their facilities and acting as their apparent agents were doing so in accordance with accepted medical standards of care and were not endangering the health and well-being of patients admitted for surgeries to their facilities. Defendants duties included the duty to assure that surgeons were performing surgeries that were medically indicated, that surgical procedures for which patients were being billed were actually being performed, and that processes and procedures were in place to assure the above two obligations were being fulfilled.. In May of 0, plaintiff was referred by her primary care physician to defendant Makker because of complaints of neck and arm pain. Thereafter, within the next months, defendant Makker performed five surgeries on plaintiff. Specifically, defendant Makker performed surgeries on June, 0; July, 0; January, ; January, ; and July,. Four of the surgeries were performed at defendant Surgery Center and one of the surgeries, a multilevel cervical fusion procedure, was performed at defendant Providence. Defendant Makker and both defendant Surgery Center and Page - COMPLAINT/DEMAND FOR JURY TRIAL MILLER & WAGNER LLP 0 N.W. Flanders Street Portland, Oregon 0-0 (0-1

3 defendant Providence billed plaintiff and collected fees for the surgeries performed by their apparent agent, defendant Makker.. Defendant Makker, and thereby defendants Surgery Center and Providence, were negligent in treating plaintiff in one or more of the following respects: 1 (a (b (c (d (e (f (g (h (i In failing to utilize conservative modalities to treat plaintiff before recommending and proceeding with surgery; In performing surgical procedures on plaintiff which were not medically indicated; In representing that surgical procedures were performed on plaintiff which were, in fact, not performed; In inserting inappropriate hardware into plaintiff's spinal canal; In removing hardware from plaintiff s spine when it was not safe to do so; In causing plaintiff to sustain a permanent injury to the never leading to plaintiff s left shoulder; In causing plaintiff to sustain a permanent injury to her vocal cords; In causing plaintiff to sustain a permanent injury to her phrenic nerve and diaphragm; and In performing five cervical surgeries on plaintiff within an month period and thereby destabilizing plaintiff's cervical spine.. Defendants Surgery Center and Providence were negligent in one or more of the following respects: (a In failing to recognize that defendant Makker had a known pattern and practice prior to June of 0 of operating multiple times on individual patients which put patients, including plaintiff herein, at high risk of injury; Page - COMPLAINT/DEMAND FOR JURY TRIAL MILLER & WAGNER LLP 0 N.W. Flanders Street Portland, Oregon 0-0 (0-1

4 (b (c In failing to recognize that defendant Makker s complication and reoperation/return to the operating room rate exceeded accepted neurosurgical standards and thereby put plaintiff at risk of injury; and In permitting and allowing defendant Makker to perform the surgeries on plaintiff at their facilities.. 1 As a result of defendants negligence, plaintiff has suffered severe, life-changing, debilitating, permanent injuries to her neck, back, arms, diaphragm, vocal cords, and shoulders. Plaintiff has experienced pain, suffering, emotional distress, and a drastic reduction in her enjoyment of life, all to her non-economic damage in the amount of $1,00, As a result of defendants' negligence, plaintiff has been required to undergo an additional fusion surgery in March of and will require medical and therapy care for the foreseeable future. Plaintiff has also lost earnings as a result of defendants' negligence, all to plaintiff's economic damage in the amount of $00, follows: WHEREFORE, plaintiff prays for judgment against defendants, and each of them, as 1. Non-economic damages in the amount of $1,00,000.00;. Economic damages in the amount of $00,000.00; and. Plaintiff s costs and disbursements incurred herein. th DATED this day of March,. MILLER & WAGNER, LLP David K. Miller, OSB No. 0 Attorneys for Plaintiff Trial Attorney: David K. Miller, OSB No. 0 Page - COMPLAINT/DEMAND FOR JURY TRIAL MILLER & WAGNER LLP 0 N.W. Flanders Street Portland, Oregon 0-0 (0-1

5 PLAINTIFF HEREBY DEMANDS A JURY TRIAL David K. Miller, OSB No. 0 1 Page - COMPLAINT/DEMAND FOR JURY TRIAL MILLER & WAGNER LLP 0 N.W. Flanders Street Portland, Oregon 0-0 (0-1

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